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Contract ENG14-31 Asphalt Treatment and Overlay Various Northerly Locations Issued By: City of Greater Sudbury Tony Cecutti, P. Eng., FEC General Manager of Infrastructure Services April 2014 Engineering Services Division $25.00 HST included No Refund Contract ENG14- 31 _ Page 1 of 86

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Contract ENG14-31 Asphalt Treatment

and Overlay Various Northerly Locations

Issued By: City of Greater Sudbury

Tony Cecutti, P. Eng., FEC General Manager of Infrastructure Services

April 2014

Engineering Services Division

$25.00 HST included

No Refund

Contract ENG14- 31 _ Page 1 of 86

City of Greater Sudbury Tender For

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Tenders must be submitted on forms provided by the Corporation, in a sealed envelope using the label-sheet provided, to the City of Greater Sudbury, Supplies and Services Department, Second Floor, Tom Davies Square:

Mailing Address: PO Box 5000, Station A, Sudbury, Ontario, P3A 5P3 Courier Address: 200 Brady Street, Sudbury, Ontario, P3E 5K3

No Later Than 1:30 PM Local Time

Tuesday, April 29, 2014

Construction Works

The construction works include the following approximate quantities:

19,000 sq.m. Pulverizing 8,100 sq.m. Cold Planing 26,000 sq.m. Tack Coat 8,000 tonnes Hot Mix Asphalt 2,500 tonnes Granular ‘B’ Type II 940 cu.m. Earth Excavation 860 sq.m. Geotextile 1,400 tonnes Granular ‘A’ 1,450 m. Concrete Curb and Gutter 75 m. Concrete Sidewalk 120 m. Culvert Replacement 95 m. Storm Sewer Installation 6 v.m. Storm Structure Installation

Tender Documents

Tender documents may be downloaded free of charge from the City’s website http://www.greatersudbury.ca/tenders or may be picked up at the City of Greater Sudbury, Engineering Services Division, Third Floor, Tom Davies Square, 200 Brady Street, Box 5000, Station A, Sudbury, Ontario, P3A 5P3, on or after Monday, April 14, 2014, upon receipt of a non-refundable payment of $25.00 includes HST). Tender documents may also be viewed at the same location. For further information, please call 705-674-4455, ext. 4242. For Technical information, contact Miranda Edwards, 705-674-4455, ext. 4246.

Prequalification

Tenderers must prequalify and the deadline to apply for prequalification is 12:00 Noon, Wednesday, April 23, 2014.

Tender forms and label-sheet for bidding purposes will be issued only to contractors who have prequalified.

Tender Information Meeting

A Tender Information Meeting will be held on Wednesday, April 23, 2014, at 9:00 AM, in Committee Room C-13B, Tom Davies Square, 200 Brady Street, Sudbury, Ontario.

Contract ENG14- 31 _ Page 2 of 86

Tender Opening

Tenders will be opened publicly at 2:30 PM, on Tuesday, April 29, 2014, by the Tender Opening Committee, in Committee Room C-21, Tom Davies Square, 200 Brady Street, Sudbury, Ontario.

Tender Award

Lowest or any tender not necessarily accepted.

Contract ENG14- 31 _ Page 3 of 86

City of Greater Sudbury

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Table of Contents

Division #1 Instructions to Tenderers

Division #2 Form of Tender Schedule of Unit Prices Standard Form of Agreement

Division #3 Special Provisions

Division #4 Maps Scope of Work Contract Items

Division #5 Specifications Listing Standard Drawings Listing

Division #6 General Conditions (in Legal Copies only)

Contract ENG14- 31 _ Page 4 of 86

Division 1

Contract ENG14- 31 _ Page 5 of 86

Division #1

Instruction to Tenderers

Section Description Page

1. Scope of Work 7

2. General Conditions, Standard Specifications and Drawings 7

3. Soils Report (Not Applicable to Contract ENG14-31) 7

4. Substitutions 7

5. Tender Information Meeting 8

6. Addenda 8

7. Prequalification 8

8. Plumbing and Electrical Licences 9

9. Tender Confidentiality 10

10. Tender Deposit, Performance Guarantee 10

11. Government Taxes 11

12. Withdrawal Procedures 11

13. Closing Date for Tenders 12

14. Tender Opening 12

15. Validity of Tenders 13

16. Acceptance of Tender and Execution of Contract 15

17. Right of City 15

18. Contract Award 15

19. Workplace Safety and Insurance Board 15

20. Insurance 16

21. Pre-Construction Meeting 17

22. Safety 17

23. Test Pits and Test Pit Request Form (Not Applicable to Contract ENG14-31) 17

24. Letter of Credit (Sample) 18

25. Agreement to Bond (Sample) 20

26. Constructor 21

27. Accessibility Compliance 21

Contract ENG14- 31 _ Page 6 of 86

Instructions to Tenderers

1. Scope of Work

The work consists of the supply of all labour, material, equipment and supervision necessary to complete the work shown, or described by, or reasonably inferred from these contract documents. Without limiting the qualifications of the foregoing the work consists of the following:

The Resurfacing or rehabilitation of the existing asphalt, including all necessary applicable works at various locations throughout Greater Sudbury.

2. General Conditions, Standard Specifications and Drawings

All work shall be carried out in accordance with the current Ontario Provincial Standard Specifications and Drawings as adopted by the City, and the current City Supplemental Specifications and Drawings. The current General Conditions apply to this contract and will be included in the legal documents.

3. Soils Reports

(Not Applicable to Contract ENG14-31)

4. Substitutions

Where, pursuant to the contract documents, the Contractor is required to supply an article or group of related articles designated by trade or supplier’s name followed by the words “or approved equal” or similar such terminology, the tender shall be based only upon supplying the article or group of articles so designated, which shall be regarded as the standard of quality required by the specifications.

No ruling on a proposed substitution and “approved equal” will be made prior to acceptance of a tender. No substitutions shall be made without the prior approval of the General Manager. No tender price shall be based on a presumed acceptance by the General Manager, of a substitute item of supply.

5. Tender Information Meeting

Tenderers are invited to attend a Tender Information Meeting in Committee Room C-13B, Tom Davies Square, 200 Brady Street, Sudbury, at 9:00 AM, on Wednesday, April 23, 2014.

The purpose of the meeting is to provide additional information, if required, and to answer questions concerning the project and contract documents. All Tenderers are urged to attend the Tender Information Meeting.

Any new information or project changes given at the meeting will be covered by an Addendum to the Contract which will be issued prior to the tender closing date. Minutes of the Tender Information Meeting shall be posted on the City’s website.

Contract ENG14- 31 _ Page 7 of 86

6. Addenda

Tenderers may, during the tendering period, be advised by addenda of required additions to, deletions from, or alterations in the requirements of the tender documents.

All Addenda shall be posted on the City’s website.

Addenda will be issued under the following circumstances:

a) Interpretation of tender documents as a result of queries from prospective bidders;

b) Revision, deletions, additions or substitutions of any portion of tender documents.

All such changes as addressed in the addenda shall become an integral part of the tender documents and shall be allowed for in arriving at the tender price.

Oral instructions shall not be considered valid unless they are confirmed in writing by the General Manager.

7. Prequalification

If a Tenderer has not prequalified by the Annual Prequalification Procedure then the procedure outlined in this section shall be followed.

There will be no Annual Prequalification for work pertaining to Water Plants, Wastewater Plants, Bridges and Environmental projects. These contracts will have prequalification at the time of tendering.

Tenderers must submit the following documents, prior to the specified deadline for application for prequalification:

a) Letter from the Tenderer’s bank manager addressed to the City of Greater Sudbury, attesting to the Tenderer’s financial capability to complete this contract.

b) A written schedule of all contracts successfully completed by the Tenderer in the previous three (3) years.

c) Include the value of each contract, the name of the owner, and the name and telephone number of the owner’s contact person who is willing and able to attest to the Tenderer’s capability to perform this contract work.

d) A list of all contracts presently undertaken, the value of each contract, the scheduling of each contract, and the name of the owner.

e) The name, qualifications, and experience of the proposed superintendent for this contract work.

f) A list of equipment available for this contract work, and whether “owned” or “rented”.

g) The successful Tenderer shall be required to supply a copy of a current City of Greater Sudbury license for the electrical and/or plumbing contractor(s) that they plan to “carry” on this contract. The copy of the licence(s) shall be provided at the pre-construction meeting.

Contract ENG14- 31 _ Page 8 of 86

Prequalification Deadline:

Prequalification applications for Contract ENG14-31 must be received by 12:00 Noon, Wednesday, April 23, 2014 and should be submitted to:

Director of Engineering Services City of Greater Sudbury

Mailing Address: PO Box 5000, Station A, Sudbury, Ontario, P3A 5P3 Courier Address: 200 Brady Street, Sudbury, Ontario, P3E 5K3

The envelope containing the details should be clearly marked with the Contract Number, Contract Title and the word “Prequalification”.

No Tenderer will be supplied with tender forms and label-sheet unless the Tenderer has been prequalified.

Each Tenderer who has submitted a prequalification application, will be notified as soon as they have been prequalified. The Tenderer will then be advised how and where he may receive tender forms and label-sheet.

8. Plumbing and Electrical Licences

When required to obtain the City of Greater Sudbury plumbing licence, the Tenderer will need to submit the following to the Licensing and Assessment Clerk.

• Plumbing Contractor Licence application. • Certification of Plumbing Licence with copy of the actual Plumbing Licence from the

Ministry. • Certification of Insurance ($1,000,000 minimum).

The City plumbing licence is effective for a one year period from January 1 to December 31 and must be renewed yearly.

Information on the fee schedule and method of payments is available from the Licensing and Assessment Clerk.

Please submit application for a plumbing licence and payment to:

Licensing and Assessment Clerk City of Greater Sudbury

Mailing Address: PO Box 5000, Station A, Sudbury, Ontario, P3A 5P3 Courier Address: 200 Brady Street, Sudbury, Ontario, P3E 5K3

Telephone: 705-674-4455 Extension 2320 Fax: 705-671-8118

Electrical Contractors must have a current electrical Certification for Electrical Contractor issued by the Electrical Safety Authority.

Contract ENG14- 31 _ Page 9 of 86

9. Tender Confidentiality

The City of Greater Sudbury will consider all tenders as confidential, subject to the provisions set out in the Municipal Freedom of Information and Protection of Privacy Act. The names of the Tenderers and the total amount of the tenders will be made available to the public. However, unit prices will not be made available to the public.

10. Tender Deposit, Performance Guarantee

Each tender must be accompanied by one of the following alternatives:

A. A tender deposit in the form of a certified cheque or Letter of Credit in the amount of $89,000.00. The Tenderer must also provide an Agreement to Bond from a Bonding Company whereby the Bonding Company agrees to provide a 100 percent Performance Bond, in a form acceptable to the City Solicitor. An Agreement to Bond for any previous tender, or a Performance Bond from any previous contract is not an acceptable alternative to the Agreement to Bond requested.

B. A tender deposit in the form of a Bid Bond in the amount of $265,000.00. The Tenderer must also provide an Agreement to Bond from a Bonding Company whereby the Bonding Company agrees to provide a 100 percent Performance Bond, in a form acceptable to the City Solicitor. An Agreement to Bond for any previous tender, or a Performance Bond from any previous contract is not an acceptable alternative to the Agreement to Bond requested.

C. A deposit in the form of a Letter of Credit or certified cheque, in the amount of $445,000.00. The Letter of Credit should be in the form found in Section #24, Division #1, Instructions to Tenderers. (Letters of Credit from a Caisse Populaire or Credit Union, properly completed will be acceptable).

Under alternatives (A), (B) and (C), the deposit of the lowest Tenderer is retained until the contract is awarded and the contract documents executed and the Performance Bond or Performance Deposit is received by the City of Greater Sudbury.

Under alternatives (A) and (B), the 100% Performance Bond will remain in full force without reduction until the end of the maintenance period. Under alternative (C) the deposit of the successful Tenderer must remain in full force until substantial completion, following which it may be reduced to $148,000.00 until the expiration of the maintenance period.

The Bid Deposit shall be forfeited to the Corporation if the bidder who has been awarded the contract fails to execute and return the contract and to furnish all required documents within fourteen days after notice from the Corporation to do so.

Contract ENG14- 31 _ Page 10 of 86

11. Government Taxes

The following government tax requirements are summarized only and full particulars are contained in Section 108-10 of the General Conditions which shall in cases prevail.

a) Gasoline and Fuel Taxes

The Contractor shall pay all taxes under the Gasoline Tax Act and the Motor Vehicle Fuel Tax Act on gasoline and diesel fuel used by him in the performance of the contract.

b) Harmonized Sales Tax (HST)

Applicable HST shall not be included in the unit prices tendered. HST shall be added at the end of the Schedule of Unit Prices to arrive at the Total Contract Price.

c) Changes to Government Taxes

Where a change in Canadian Federal or Provincial taxes occur after the Tender Closing Date for this contract, and this change could not have been anticipated at the time of bidding, the City will increase or decrease contract payments to account for the exact amount of tax change involved.

12. Withdrawal Procedures

A bidder may request that his or her submitted tender be withdrawn, up until the closing time for a particular contract. Withdrawals can only be made in person and the bidder wishing to withdraw from a particular tender must attend at the Purchasing Agent’s office and execute an appropriate withdrawal form, signed by a principal of the bidder, or provide a letter from the bidder, signed by a principal, withdrawing the tender. The Agent and Treasurer together shall then open the Tender Box, retrieve the withdrawn Tender, and hand it back unopened to the bidder. The completed withdrawal form, specific to the time of return, shall then be signed by the Agent and Treasurer, placed into the Tender Box and the Tender Box relocked.

The withdrawal of a tender does not disqualify a bidder from submitting another tender for the same contract provided that all of the tender procedures are observed and the new bid is deposited in the tender box prior to the terminal time for closure. However, unless withdrawal procedures have been followed, more than one tender from the same bidder will result in the disqualification of the bidder.

The Bid Deposit shall be forfeited to the Corporation when a bidder attempts to withdraw his or her tender after tenders have been opened, in addition to any consequence or legal penalty that may apply.

Contract ENG14- 31 _ Page 11 of 86

Occasionally, there may be more than one contract opened at the same tender opening. Immediately following the reading of tenders for any contract, the low Tenderer for that contract may withdraw upon written request signed by a principal of the company, any or all of his remaining tenders for the balance of tenders yet to be opened and read, and these will be returned, unopened, immediately to the Tenderer. Any such withdrawal(s) will not be reinstated under any circumstances, even if subsequent checking proves that tenders not withdrawn are in fact not the lowest of all tenders read.

13. Closing Date for Tenders

A complete tender shall be delivered to the Purchasing Agent, City of Greater Sudbury, Supplies and Services Department, Second Floor, Tom Davies Square,

Mailing Address: PO Box 5000, Station A, Sudbury, Ontario, P3A 5P3 Courier Address: 200 Brady Street, Sudbury, Ontario, P3E 5K3

by no later than 1:30 PM Local Time, Tuesday, April 29, 2014, in a sealed envelope using the label-sheet provided by the City to affix to the front of your envelope/package submission and shall include:

a) Form of Tender & Schedule of Unit Prices supplied by the City, complete in every detail, and

b) the appropriate documents required under Section 10.

The City of Greater Sudbury will not be held responsible for envelopes or packages that are not labelled.

14. Tender Opening

Tenders will be opened publicly at 2:30 PM, on, Tuesday, April 29, 2014, by the Tender Opening Committee, in Committee Room C-21, Tom Davies Square, 200 Brady Street, Sudbury, Ontario.

Contract ENG14- 31 _ Page 12 of 86

15. Validity of Tenders

SCHEDULE "C" to By-Law 2006-270 of the City of Greater Sudbury Page 1 of 2

The table below shows Schedule C to By-Law 2006-270 of the City of Greater Sudbury.

IRREGULARITY RESPONSE

1 Late Bid. Automatic rejection and not opened or read publicly.

2 Unsealed Envelope. Automatic rejection.

3 No Bid Security or agreement to bond or insufficient Bid Deposit or agreement to bond.

Automatic rejection.

4 Bids completed and/or signed in erasable medium.

Automatic rejection.

5 All required sections of Bid documents not completed.

Automatic rejection unless, in the consensual opinion of the Agent, General Manager in charge of the Bid Solicitation and the City Solicitor, the incomplete nature is trivial or insignificant.

6 Qualified Bids (Bids qualified or restricted by an attached statement).

Automatic rejection unless, in the consensual opinion of the Agent, General Manager in charge of the Bid Solicitation and the City Solicitor, the qualification or restriction is trivial or not significant.

7 Bids received on documents other than those provided or specified by the City.

Automatic rejection.

8 Bids Containing Clerical Errors, which are trivial or insignificant.

48 hours to correct and initial errors. The determination of what constitutes trivial or insignificant errors shall be made in the consensual opinion of the Agent, General Manager in charge of the Bid Solicitation and the City Solicitor

9 Failure to execute Agreement to Bond (Surety's Consent) or Bonding company corporate seal or signature missing from Agreement to Bond.

Automatic rejection.

10 (a) Failure to execute Bid Bond by Bidder and Bonding Company.

Automatic rejection.

(b) Corporate seal of the Bidder and Bonding Company, missing.

48 hours to correct.

11 Documents - Execution

(a) Corporate seal or signature missing; signatory's authority to bind the corporation or signature missing.

48 hours to rectify situation.

(b) Corporate seal and signature missing; signatory's authority to bind the corporation and signature missing.

Automatic rejection.

Contract ENG14- 31 _ Page 13 of 86

SCHEDULE "C"– continued

to By-Law 2006-270 of the City of Greater Sudbury Page 2 of 2

The table below shows Schedule C to By-Law 2006-270 of the City of Greater Sudbury continued.

IRREGULARITY RESPONSE

12 Erasures, Overwriting or Strike-Outs which are not initialed:

(a) uninitialled changes to the Tender documents, other than unit prices, which are trivial or not significant;

48 hours to initial. The determination of what constitutes trivial or insignificant uninitialled changes shall be made in the consensual opinion of the Agent. General Manager in charge of the Bid Solicitation and the City Solicitor.

(b) unit prices in the Schedule of Prices have been changed but not initialed and the Contract totals are consistent with the price as changed;

48 hours to initial change in unit price. The determination of what constitutes trivial or insignificant uninitialled changes shall be made in the consensual opinion of the Agent, General Manager in charge of the Bid Solicitation and the City Solicitor.

(c) unit prices in the Schedule of Prices which have been changed but not initialed and the Contract totals are inconsistent with the price as changed;

Automatic rejection.

13 Mathematical errors which are not consistent with unit prices.

48 hours to initial corrections as made by the Supplies and Services Division.

14 Bids, in which all necessary Addenda, which have financial implication, have not been acknowledged.

Automatic rejection.

15 Any other irregularities. The Agent, General Manager in charge of the Bid Solicitation and the City Solicitor acting in consensus shall have authority to waive other irregularities or grant 48 hours to initial such other irregularities, which they jointly consider to be trivial or insignificant.

Contract ENG14- 31 _ Page 14 of 86

16. Acceptance of Tender and Execution of Contract

The Tenderer agrees that, notwithstanding anything to the contrary in this Contract, that a maximum of sixty days shall be allowed between the date that tenders are opened and the date that a tender is awarded, cancelled, or recalled.

Following contract award, the Corporation shall notify the successful Tenderer that his tender has been accepted. The formal contract agreement will also be sent to the successful Tenderer with instructions on how to properly complete and sign the document.

The successful Tenderer is to be allowed not more than Fourteen (14) days from receipt of the document for the execution of the contract document. Failure to execute the contract documents or to provide the necessary guarantees, insurance, etc. within the specified time may result in the forfeiture of the Tender Deposit.

17. Right of City

The City reserves the right to reject any or all tenders.

The City shall not accept any inconsistency in the Unit Prices bid for the various items.

The City reserves the right to delete any portion or part of the work outlined and the bidder agrees to such cancellation without any claim whatsoever because of such cancellation.

18. Contract Award

Lowest or any tender not necessarily accepted.

19. Workplace Safety and Insurance Board

Tenderers should submit a current Clearance Certificate from Workplace Safety and Insurance Board with their tender submission or the successful Tenderer shall be required to provide a current Clearance Certificate from the Workplace Safety and Insurance Board stating that the company is in good standing with the Board, prior to the signing of the contract documents by the City.

In addition, the successful Tenderer shall be required to provide a current Clearance Certificate to Construction Services for the payment of monthly progress certificates. Progress payment shall not be issued without a current Clearance Certificate. This also applies to any other payment.

Contract ENG14- 31 _ Page 15 of 86

20. Insurance

The following insurance requirements are summarized only and full particulars are contained in Section 106-2 of the General Conditions which shall in all cases prevail.

While the Contractor will be responsible for maintaining adequate insurance to cover all claims and save the Corporation harmless from all litigation arising from such claims, the Contractor shall at his own expense, maintain the following minimum insurance while this contract is in force and such insurance shall be entirely comprehensive for all phases of the work pertaining to the contract.

a) All risks property insurance in a form acceptable to the Corporation on all buildings, structures, machinery, and equipment.

b) Liability Insurance in a form acceptable to the Corporation in the following amounts;

i) Comprehensive General Liability and Property Damage for bodily injury or property damage, not less than $10,000,000 inclusive for any one occurrence, and shall name the Canadian National Railway as an additional named insured against public liability and property damage.

ii) Automobile Public Liability and Property Damage for bodily injury or property damage, not less than $2,000,000 inclusive for any one occurrence.

The Liability Insurance must cover the use of explosives prior to such use when the work involves the use of explosives. The Contractor shall be solely responsible for all damage, loss or costs resulting directly or indirectly from the use of explosives. The Contractor shall indemnify and save harmless the City of Greater Sudbury from and against all claims, demands, loss, damages and costs resulting directly or indirectly from the use of explosives.

With respect to the Comprehensive General Liability Insurance, the City of Greater Sudbury must be added as additional insured.

The certificate(s) of insurance and copies of insurance policy(ies), each stating that this insurance is the primary insurance for purposes of the Contractor's General Liability and property damage and any other claims against the City, must be filed with the General Manager within fourteen (14) days of official notification of contract award by City Council. The City of Greater Sudbury reserves the right to approve all Certificates of Insurance.

Blank forms may be obtained from the City of Greater Sudbury's web site www.greatersudbury.ca – All City Services – Business – Licences, Permits and Certificates – Certificates, Certificates of Insurance – Contractors (95 KB) (Acrobat Reader 5.0 required).

Contract ENG14- 31 _ Page 16 of 86

21. Pre-Construction Meeting

A pre-construction meeting shall be scheduled with the successful Tenderer, following contract award. The Contractor will be required to submit to the City the following information at that time, namely:

a) A construction “Progress Schedule” indicating clearly the proposed order and time allowance for various phases of the work in sufficient detail to show weekly progress.

b) A “Traffic Protection Plan” in accordance with Section 106-3 “Provision for Traffic” in the General Conditions.

c) A listing of sub-contractors and suppliers that Contractor wishes to utilize for completing work on the contract in accordance with Section 107-3 “Assignment, Subletting and Renting” in the General Conditions.

22. Safety

In conjunction with Section 106-13 of the General Conditions “Observance of Laws, Regulations and Policies” the Contractor must do all works in conformance with the Occupational Health and Safety Act, and regulations for construction projects.

The City of Greater Sudbury has Asbestos Cement (AC) mains and services at various places throughout the City in both the distribution and collection systems. All persons involved in work for the City of Greater Sudbury (Workers and Supervisors) are required to be trained in and provide proof of training by a competent person in an Asbestos Awareness Program as a minimum. If any AC pipe will be disturbed during construction, proper handling and disposal practices shall be followed in accordance with Regulation 278/05 Asbestos on Construction Projects and in Building and Repair Operations.

23. Test Pits

(Not Applicable to Contract ENG14-31)

Contract ENG14- 31 _ Page 17 of 86

24. Sample – Irrevocable Letter of Credit

Letter of Credit #: Amount: $

Initial Expiry Date:

TO: The City of Greater Sudbury PO Box 5000, Station A Sudbury, Ontario, P3A 5P3

We Hereby Authorize You to Draw on the

(Name of Bank and Branch)

(of , ) City Postal Code

for the account of (Bank Customer)

Up to the Aggregate Amount of (Dollar Amount, Canadian)

($ ) Payable on Demand. (available on demand as follows)

Pursuant to the Request of our customer: (Bank Customer)

we the, (Name of Bank)

hereby establish and give to you an Irrevocable Letter of Credit in your favour in the total amount of

as required pursuant to an Agreement made between the City of

Greater Sudbury and which may be drawn in whole or in part by you at any time, and

from time to time, upon written demand for payment made upon us by you, which demand we shall honour without inquiring whether you have the right as between yourself and the (our) said customer to make such demand, and without recognizing any claim of our said customer, (or objection by customer of payment to you).

We Understand that this Letter of Credit relates to services to be performed pursuant to an agreement between the customer and yourself and referred to as the

(Name of Project or Contract Name and Number)

The Amount of this Letter of Credit may be reduced from time to time as advised by notice in writing (given to us) to the undersigned from time to time by you.

Contract ENG14- 31 _ Page 18 of 86

It is understood that this obligation is between the (Bank Name)

and the City of Greater Sudbury and any notice referred to in the preceding paragraph shall not be used for any other purpose than herein set forth.

It is understood that the obligation of the undersigned under this Letter of Credit is an obligation to pay money only and that in no circumstances shall the

(Bank Name)

be obliged to perform or cause to be performed any work under the said Agreement.

This Irrevocable Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set forth.

It is a Condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment for year to year from the present or any future expiration date hereof, unless at least 30 days prior to any such future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period.

The demand drawn under this Irrevocable Letter of Credit is to be endorsed and shall state on its face that it is drawn on

(Bank Name) (Bank Address)

Irrevocable Letter of Credit # , dated

Dated At , Ontario, this day of 20

Countersigned

By: (Name of Bank)

Per: “I have the authority to bind the (Name of Bank/Caisse Populaire/Credit Union)”.

“I have the authority to bind the (Name of Bank/Caisse Populaire/Credit Union)”. Per:

Contract ENG14- 31 _ Page 19 of 86

25. Sample – Agreement to Bond

We, the undersigned, hereby agree to become bound as for

a bond (Bidder’s Name)

totalling One Hundred Per Cent (100%) of the Contract amount, and conforming to the

Instruments of Contract attached hereto, for the full and due performance of the works shown as

described herein, if the tender for

is (Contract Number & Title)

accepted by the City of Greater Sudbury.

It is a condition of this Agreement that if the above mentioned tender is accepted, a Performance

Bond must be completed with the undersigned within fourteen (14) days of acceptance of the

tender related thereto, otherwise this Agreement shall be null and void.

Dated this day of 201

Name of Bonding Company

Seal Signature of Authorized Person Signing for Bonding Company

Contract ENG14- 31 _ Page 20 of 86

26. Constructor

Constructor means, for the purpose of, and within the meaning of the Occupational Health and Safety Act, R.S.O. 1990, C.O.1, as amended and amendments thereto, the Contractor who executes the Contract.

27. Accessibility

The City is committed to the accessibility principles of preventing and removing barriers in accessing goods and services for people with disabilities and is bound by the Standards under the Accessibility for Ontarians with Disabilities Act, 2005 as may be amended from time to time.

Regulations enacted under the Act apply to every designated public sector organization and other third parties that provide goods and services to the members of the public.

The consultant/contractor, and all sub-contractors hired by the consultant/contractor in the completion of its work, will meet or exceed compliance with all applicable regulations under the Accessibility for Ontarians with Disabilities Act, 2005 as may be amended from time to time.

It is the consultant/contractor’s responsibility to ensure they are fully aware of, and meet all requirements under the Act. A Declaration of Accessibility Compliance will be required by the successful bidder(s).

Contract ENG14- 31 _ Page 21 of 86

Declaration of Accessibility Compliance

Company Name:

Print Name:

Title: Dated:

Re: Contract #

I/ we acknowledge that as a Contractor/Consultant of the City of Greater Sudbury we are bound to comply with all accessibility Standards under the Accessibility for Ontarians with Disabilities Act, 2005 as amended from time to time.

I/we declare that I/we have read, understand and will meet or exceed all enacted accessibility Standards as amended from time to time.

I/we further declare that I/we will undertake to ensure all sub-contractors hired by us in completion of our work will also comply with the above Standards.

Authorized Signature Dated

Contract ENG14- 31 _ Page 22 of 86

Division 2

Contract ENG14- 31 _ Page 23 of 86

Division #2

1. Form of Tender

2. Schedule of Unit Prices *

3. Standard Form of Agreement (Sample)

* For tendering purposes, use documents supplied by the City of Greater Sudbury.

Contract ENG14- 31 _ Page 24 of 86

Page 1 of 4 City of Greater Sudbury

Form of Tender

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Tender By:

A Corporation having its head office at

Or (in case of a Partnership)

Tender By:

Place of business or residence

Or (in case of unincorporated or nonpartnership Tenderer)

Tender By:

Place of business or residence

hereinafter referred to as the Tenderer.

Closing Time and Date for Submission to the City is

1:30 PM Local Time,

Total Contract Price $

Total Contract Price to be repeated here in writing:

Note: In case of a partnership, the name and place of business of each partner must be inserted.

The successful Tenderer agrees that all prices bid in the Schedule of Unit Prices and all methods of payment stipulated in the Contract specifications and documents shall be irrevocable unless authorized by the General Manager, and shall be binding for the term of the contract.

Contract ENG14- 31 _ Page 25 of 86

Page 2 of 4 Form of Tender

The Tenderer Declares That

(a) No person, other than the Tenderer has any interest in this Tender or in the Contract proposed to be entered into.

(b) This Tender is made without any connection, knowledge, comparison of figures or arrangements with any other person or persons making a Tender for the same work, and is in all respects fair and without collusion or fraud.

(c) The several matters stated in the said Tender are in all respects true.

(d) The Tenderer has carefully examined the locality and site of the proposed works, as well as all the plans, drawings, profiles, the current Ontario Provincial Standard Specifications and Drawings as adopted by the City, and the current City of Greater Sudbury Supplemental Specifications and Drawings, addenda, Form of Tender, Instructions to Tenderers, General Conditions, Special Provisions, Agreement and Bond relating thereto, and hereby accepts the same as part and parcel of this Tender and hereby Tender and offer to enter into a Contract to do all the work, provide the labour, and to provide, furnish, deliver, place and erect all materials mentioned and described or implied therein, including in every case, freight, duty, exchange and all other charges, on the terms and conditions, and under the provisions therein set forth, and to accept in full payment therefor in accordance with the schedule of prices hereto annexed, and the Tenderer also agrees that this offer is to continue open to acceptance until the formal Contract is executed by the successful Tenderer for said work and that the City may at any time without notice accept this Tender whether any other Tender has been previously accepted or not, and the Tenderer hereby agrees that, if the Tenderer withdraws this Tender before the City shall have considered the Tenders and awarded a Contract, the amount of the deposit on this Tender shall be forfeited to the City.

II

If this Tender is accepted, the Tenderer agrees to furnish an approved surety for the proper fulfilment of the Contract as required under the terms of Section 10 of the Instructions to Tenderers, and to execute the Agreement in triplicate within fourteen (14) days after being notified so to do by the General Manager. In the event of default or failure on the Tenderer's part so to do, the Tenderer agrees that the City shall be at liberty to retain the deposit for the use of the City, and to accept the next lowest or any Tender, or to advertise for new Tenders, or to carry out the works in any other way it may deem best.

Contract ENG14- 31 _ Page 26 of 86

Page 3 of 4

Form of Tender

Tender, II - continued

The Tenderer agrees that in the event of default or failure and the City retains the deposit, that deposit shall be applied by the City to the difference between this Tender and any greater sum which the City may expend or incur by reason of such default or failure, or by reason of such action on the part of the City, including the cost of advertisement for new Tender. In the event that the costs are less than the amount of the deposit, the balance will be returned to the Tenderer. In the event of a shortfall between the amount of the deposit and the costs incurred as a result of the default or failure, then the Tenderer agrees to pay that difference. The Tenderer thereby agrees to indemnify and save harmless the City and its officers and servants from all loss, damage, cost charges, and expenses which they may suffer or be put to by reason of any such default or failure.

This offer shall be irrevocable for a period of sixty (60) days following the date of the Tender closing, and the City may at any time, within the time set forth above, without notice accept this Tender whether or not any other Tender has been previously accepted.

III

If awarded the Contract, the Tenderer agrees to complete the work in accordance with the contract documents including Section 1 (Commencement and Completion) of the Special Provisions and the following Addenda.

Addendum # dated

Addendum # dated

Addendum # dated

Addendum # dated

Contract ENG14- 31 _ Page 27 of 86

Page 4 of 4

Form of Tender

Instructions on Signing

Read the Signing Instructions. Failure to Properly Execute this Bid May Disqualify Your Bid.

If the Bidder is a Corporation

If the bidder is a corporation, a duly authorized officer(s) of the Corporation must sign on the signing line above the statement “I have the authority to bind the Corporation”. If a Corporate seal is available, please affix the seal. The bidder must also complete the Company Name, Name of Person Signing, Position of Person Signing, in the space provided.

If the Bidder is an Individual

If the bidder is an individual, the bidder must sign in the presence of a witness who must also sign.

If the Bidder is Partnership

If the bidder is a partnership, at least one partner must sign and that partner warrants that he/she binds the partnership. The partner(s) must sign in the presence of a witness who must also sign. The bidder must also complete the Company Name, Name of Person Signing, Position of Person Signing, in the space provided.

Dated At Sudbury, this day of (day) (month) (year)

Bidder Sign Here

(Company Name)

/ (Name of Person Signing) (Please Print) (Position of Person Signing)

(Signature of Person Signing) Signature of Witness ("I have the authority to bind the Corporation") (if applicable)

All Tenders or Any Tender May Be Rejected and a Contract May Be Awarded to Any Bidder Not Necessarily the Lowest or Highest as the Case May Be.

Contract ENG14- 31 _ Page 28 of 86

Schedule of Unit Prices

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Part A – Various Locations

The table below shows Items 1 to 7 of the Schedule of Unit Prices. Item OPSS Description Unit Qty Unit Price Total

1.

330 *S.P. #10

In-Place Full Depth Asphalt Reclamation (Pulverize)

sq.m.

16,540

___________

___________

2.

313 *S.P.

#2

Tack Coat

sq.m.

26,000

___________

___________

3.

310 *S.P.

#21

Hot Mix Binder Asphalt HL8 (PG 52-34)

tonne

3,150

___________

___________

4.

310 *S.P.

#21

Hot Mix Surface Asphalt HL3 (PG 52-34)

tonne

4,000

___________

___________

5.

Nil *S.P.

#8

Sawcutting Existing Asphalt

m.

550

___________

___________

6.

310 *S.P.

#7

Grind Asphalt Joint

m.

25

___________

___________

7.

310, 510

*S.P. #21

Hand Placed HMA Surface HL3 (PG 52-34) (50 mm depth)

sq.m.

340

___________

___________

Contract ENG14- 31 _ Page 29 of 86

Schedule of Unit Prices

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Part A – Various Locations

The table below shows the Schedule of Unit Prices continued. Item OPSS Description Unit Qty Unit Price Total

8.

314

Granular ‘A’ (Including Shouldering)

tonne

1,275

___________

___________

9.

Nil

*S.P. #17

Edge Treatment (Local Road)

m.

675

___________

___________

10.

408

*S.P. #15

Adjust Existing Structures

each

15

___________

___________

11.

408

*S.P. #16

Adjust Existing Valve Boxes

each

9

___________

___________

12.

407

*S.P. #4

Supply and Install Frame and Grate/Cover (All Types)

each

15

___________

___________

13.

701 *S.P. #23

Supply and Install Valve Box (Upper Portion)

each

5

___________

___________

14.

570 571

*S.P. #13

Sod and 100 mm Topsoil

sq.m.

950

___________

___________

15.

570 501 506

Water (Compaction, Dust Suppressant & Watering Sod)

cu.m.

250

___________

___________

Contract ENG14- 31 _ Page 30 of 86

Schedule of Unit Prices

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Part A – Various Locations

The table below shows the Schedule of Unit Prices continued. Item OPSS Description Unit Qty Unit Price Total

16.

408

*S.P.

#19

Supply and Install Auto Stable Self-Level Frame and Cover (Bibby)

each

17

___________

___________

17.

510

*S.P. #11

Asphalt Removal (Driveways, parking lots)

sq.m.

350

___________

___________

18.

353, 510

*S.P. #9

Concrete Curb and Gutter Systems (GSSD 600.010, GSSD 600.030)

m.

1,450

___________

___________

19.

351, 511

*S.P. #22

Concrete Sidewalk (GSSD 310.010, GSSD 310.015)

sq.m.

75

___________

___________

20.

355

*S.P. #12

Resert Interlocking Stone

sq.m.

25

___________

___________

21.

510 *S.P. #10

Cold Planing (40 mm)

sq.m.

9,450

___________

___________

22.

Nil *S.P. #20

Equipment Rental (Shouldering)

hr.

20

___________

___________

Contract ENG14- 31 _ Page 31 of 86

Schedule of Unit Prices

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Part A – Various Locations

The table below shows the Schedule of Unit Prices continued. Item OPSS Description Unit Qty Unit Price Total

23.

408

*S.P.

#3

Adjust Existing Structures in Pulverized Areas

each

3

___________

___________

24.

407, 408

*S.P. #18

Supply and Install Auto Stable Self-Level Frame and Cover (Bibby) in Pulverized Areas

each

17

___________

___________

25.

408

*S.P. #5

Adjust Existing Valve Boxes in Pulverized Areas

each

9

___________

___________

26.

510

*S.P. #14

Culvert Removal

m.

125

___________

___________

27.

421

*S.P. #6

450 mm dia. Polycoated (2 mm thickness) CSP Culvert

m.

72

___________

___________

28.

421

*S.P. #6

300 mm dia. Polycoated (2 mm thickness) CSP Culvert

m.

48

___________

___________

29.

410 510

300 mm dia. STM Pipe

m.

50

___________

___________

30.

407

600 mm x 600 mm Catch Basin

v.m.

2.5

___________

___________

31.

407

1200 mm MHCB

v.m.

2.5

___________

___________

Contract ENG14- 31 _ Page 32 of 86

Schedule of Unit Prices

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Part A – Various Locations

The table below shows the Schedule of Unit Prices continued. Item OPSS Description Unit Qty Unit Price Total

32.

407

*S.P. #26

Break-In Existing Structure

each

1

___________

___________

33.

Nil

*S.P. #27

Ditching

m.

100

___________

___________

34.

314

*S.P. #25

Granular ‘B’ Type II

tonne

340

___________

___________

35.

206

*S.P. #24

Earth Excavation

cu.m.

160

___________

___________

36.

510

*S.P. #10

Roadway Asphalt Removal

sq.m.

1,820

___________

___________

37.

Nil

*S.P. #28

Contingency

L.S.

L.S.

L.S.

$125,000

Total Part A __________________ (Carry Over to Summary of Contract Prices)

*GSSD = Greater Sudbury Standard Drawings *S.P. = Special Provisions *L.S. = Lump Sum *OPSS = Ontario Provincial Standard Specifications *OPSD = Ontario Provincial Standard Drawings

Contract ENG14- 31 _ Page 33 of 86

Schedule of Unit Prices

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Part B – Suez Railway Crossing (MR84)

The table below shows the Schedule of Unit Prices continued. Item OPSS Description Unit Qty Unit Price Total

38.

510 *S.P. #10

Roadway Asphalt Removal

sq.m.

260

___________

___________

39.

510 *S.P. #10

In-Place Full Depth Asphalt Reclamation

sq.m.

2,490

___________

___________

40.

313 *S.P.

#2

Tack Coat

sq.m.

260

___________

___________

41.

310 *S.P. #21

Hot Mix Surface Asphalt HL3 (PG 64-34)

tonne

320

___________

___________

42.

311 S.P. #21

Hot Mix Heavy Duty Binder Asphalt HL8 (PG 64-34)

tonne

790

___________

___________

43.

Nil *S.P.

#8

Sawcutting Existing Asphalt

m.

50

___________

___________

44.

510 *S.P.

#7

Grind Asphalt

m.

25

___________

___________

45.

506 501

Water (Dust Suppressants & Compaction)

cu.m.

350

___________

___________

Contract ENG14- 31 _ Page 34 of 86

Schedule of Unit Prices

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Part B – Suez Railway Crossing (MR84)

The table below shows the Schedule of Unit Prices continued. Item OPSS Description Unit Qty Unit Price Total

46.

511

Geotextile – Terratrack 400w

sq.m.

860

___________

___________

47.

206 *S.P. #24

Earth Excavation

cu.m.

160

___________

___________

48.

314

Granular A

tonne

800

___________

___________

49.

314 *S.P. #25

Granular B Type II

tonne

340

___________

___________

50.

Nil

*S.P. #17

Edge Treatment (Arterial Road)

m.

325

___________

___________

51.

Nil

S.P. #28

Contingency

L.S.

L.S.

L.S.

$18,000

Total Part B __________________ (Carry Over to Summary of Contract Prices)

*GSSD = Greater Sudbury Standard Drawings *S.P. = Special Provisions *L.S. = Lump Sum *OPSS = Ontario Provincial Standard Specifications *OPSD = Ontario Provincial Standard Drawings

Contract ENG14- 31 _ Page 35 of 86

Schedule of Unit Prices

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Part C – New Subdivisions (Various Locations)

The table below shows the Schedule of Unit Prices continued.

ITEM OPSS DESCRIPTION UNIT QTY UNIT PRICE TOTAL

52.

313 *S.P.

#2

Tack Coat

sq.m.

6,200

___________

___________

53.

310 *S.P. #21

Hot Mix Surface Asphalt HL3 (PG 52-34)

tonne

800

___________

___________

54.

Nil *S.P.

#8

Sawcutting Existing Asphalt

m.

50

___________

___________

55.

310 *S.P.

#7

Grind Asphalt Joint

m.

70

___________

___________

56.

310 *S.P. #21 #1

Hand Placed HMA Surface HL3 (PG 52-34) (50 mm depth)

sq.m.

100

___________

___________

57.

310 *S.P. #21 #1

Hand Placed HMA Binder HL8 (PG 52-34) (50 mm depth)

sq.m.

100

___________

___________

58.

314

Granular ‘A’ (Including Shouldering)

tonne

50

___________

___________

59.

Nil

*S.P. #17

Edge Treatment (Local Road)

m.

100

___________

___________

Contract ENG14- 31 _ Page 36 of 86

Schedule of Unit Prices

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Part C – New Subdivisions (Various Locations)

The table below shows the Schedule of Unit Prices continued.

ITEM OPSS DESCRIPTION UNIT QTY UNIT PRICE TOTAL

60.

408

*S.P. #15

Adjust Existing Structures (All Types)

each

30

___________

___________

61.

408

*S.P. #16

Adjust Existing Valve Boxes

each

5

___________

___________

62.

570 571

*S.P. #13

Sodding and Topsoil

sq.m.

75

___________

___________

63.

570 506 501

Water (Dust Suppressant, Watering Sod & Compaction)

cu.m.

12

___________

___________

64.

355

*S.P. #12

Reset Interlocking Stone

sq.m.

50

___________

___________

65.

353 510

*S.P. #9

Concrete Curb & Gutter GSSD 600.010, GSSD 600.030

m.

100

___________

___________

66.

510

*S.P. #11

Asphalt Removal (Driveways, parking lots)

sq.m.

100

___________

___________

Contract ENG14- 31 _ Page 37 of 86

Schedule of Unit Prices

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Part C – New Subdivisions (Various Locations)

The table below shows the Schedule of Unit Prices continued.

ITEM OPSS DESCRIPTION UNIT QTY UNIT PRICE TOTAL

67.

Nil

*S.P. #28

Contingency

L.S.

L.S.

L.S.

$10,000

Total Part C __________________ (Carry Over to Summary of Contract Prices)

*GSSD = Greater Sudbury Standard Drawings *S.P. = Special Provisions *L.S. = Lump Sum *OPSS = Ontario Provincial Standard Specifications *OPSD = Ontario Provincial Standard Drawings

Contract ENG14- 31 _ Page 38 of 86

Schedule of Unit Prices

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Summary of Contract Prices

Total Part ‘A’ – Various Locations

Total Part ‘B’ Suez Railway Crossing (MR84)

Total Part ‘C’ New Subdivisions (Various Locations)

Total Parts ‘A’ to ‘C’

13% H.S.T.

Total Contract Price

*GSSD = Greater Sudbury Standard Drawings *S.P. = Special Provisions *L.S. = Lump Sum *OPSS = Ontario Provincial Standard Specifications *OPSD = Ontario Provincial Standard Drawings

Contract ENG14- 31 _ Page 39 of 86

Sample – Standard Form of Agreement

Page 1 of 4

This Agreement made in triplicate this (day) day of (month), (year).

Between:

City of Greater Sudbury

hereinafter called the "City"

of The First Part

- and - (Company Name)

hereinafter called the "Contractor"

of The Second Part Whereas the City has awarded to the Contractor Contract ENG14-31 for the Asphalt Treatment and Overlay Various Northerly Locations, in the City of Greater Sudbury herein referred to and identified by the signature of the Contractor, the Contractor having put in a Tender therefor, a copy of which is hereto annexed, which said Tender was opened by the Tender Opening Committee on the (day) day of (month), (year), and was awarded by City Council on the (day) day of (month), (year), by Resolution Number (resolution number); or the General Manager;

Now Therefore, These Presents Witness that the Contractor hereby covenants and agrees with the City in manner following, namely;

(l) To execute and perform the whole of the work herein mentioned with due expedition and in a thorough workmanlike manner, in strict accordance with the provisions of this Contract, and the said Specifications and General Conditions and the Plans herein referred to (which are identified by the signature of the Contractor and the City's General Manager), and are made part of this Contract as if embodied herein, and thereafter to maintain the same as therein provided, and that in the execution and performance of the said work the Contractor will carry out, perform, observe, fulfil and abide by all the covenants, agreements, stipulations, provisoes and conditions mentioned and contained in the said Specifications and General Conditions to be carried out, performed, observed and fulfilled by the Contractor to the same extent and as fully as if each of them was set out and specifically repeated herein;

(2) To indemnify and keep indemnified and save harmless the City and each of its officers, servants and agents from and against all actions, suits, claims, executions and demands which may be brought against or made upon the City, its officers, servants and agents, and from all loss, costs, charges, damages, liens and expenses which may be paid, sustained or incurred by the City, its officers, servants and agents by reason of or on account or in consequence of the execution and performance of the said work or of the non-execution or imperfect execution and performance thereof or of the supply or non-supply of plant or material therefor;

Contract ENG14- 31 _ Page 40 of 86

Page 2 of 4

(3) To pay to the City, and to such officers, servants, or agents thereof, on demand, any loss, costs, damages or expenses which may be paid, sustained or incurred by the City or any of its officers, servants or agents in consequence of any such action, suit, claim, lien, execution or demand, and any moneys paid or payable by the City or any of its officers, servants or agents in settlement or in discharge thereof, or on account thereof, and that in default of such payment all such loss, costs, damages and expenses, and any moneys so paid or payable by the City, its officers, servants or agents, and also any moneys payable by the Contractor under any of the terms and conditions of this Contract may be deducted from any moneys of the Contractor then remaining in the possession of the City on account of this or any other Contract, or may be recovered from the Contractor the Surety named in the Bond hereto attached in any court of competent jurisdiction as moneys paid at their request;

And the Contractor hereby authorizes and empowers the City or its Solicitor for the time being to defend, settle or compromise any of such actions, suits, claims, liens, executions or demands as the City or its said Solicitor may deem expedient, and also hereby agrees to ratify and confirm all the acts of the City or its Solicitor in its behalf, and to pay to the said Solicitor on demand his reasonable costs of defending, settling, or compromising any such actions, suits, claims, liens, executions or demands as the City may deem it expedient to defend, settle or compromise, and that in default of such payment the same may be deducted from any moneys payable by the City to the Contractor on any account whatever;

Provided, however, that the Contractor may at the expense of the Contractor, take charge of and conduct the defence in the name of the City to any such action, claim or suit.

The City covenants with the Contractor that if the said work, including all extras in connection therewith, shall be duly and properly executed as aforesaid, and if the Contractor shall carry out, perform, observe, fulfil, keep and abide by all the covenants, agreements, stipulations, provisoes, terms and conditions of this contract, the City will pay the Contractor therefor the Contract price (as determined by the unit prices and quantities involved) mentioned in said Tender (which are to apply to all extras of the character specified in the schedule of rates forming part of said Tender) and such payments may be made in the manner and subject to the holdbacks and liquidated damages mentioned in the said General Conditions, upon Certificates signed by the General Manager;

Provided that no money shall become due or be payable under this Contract unless and until a Certificate therefor shall have been signed by the General Manager, the possession of which is hereby made a condition precedent to the right of the Contractor to be paid or to maintain any action for such money or for any part thereof;

Contract ENG14- 31 _ Page 41 of 86

Page 3 of 4

Provided Further that the City shall not be liable or compelled to pay for any extras or additional work not included in this Contract except only in the manner and as provided for herein;

Provided Also that the City shall not be liable or compelled to grant or issue any Certificate for work rejected or condemned by the General Manager, or to pay any money therefor until the work so rejected or condemned has been replaced by new material and workmanship to the written satisfaction of the General Manager, and it is hereby expressly provided that the granting of any certificate or the payment of any moneys hereunder shall not be construed as an acceptance of any bad or defective work or material to which the same relates, or as an admission of liability to pay any money in respect thereof, and shall not in any manner lessen the liability of the Contractor to replace such work or material, although the condition of the same may not have been known to or discovered by the said General Manager at the time such Certificate was granted, or moneys paid therein;

And It Is understood and agreed between the parties hereto as follows:

That this Agreement and the covenants and conditions herein and in the General Conditions contained shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the Contractor and the City, respectively; and

In this Agreement, and in the Contract, of which this Agreement forms a part, the words "person", "Plans", "shall", "may", "herein", "works", "Contract", "Contractor", "Inspector", "General Manager”, and the words used in the singular number or the masculine gender, shall have the meaning and effect given to them in the General Conditions hereto annexed, or in the Interpretation Act of the Revised Statutes of Ontario;

In Witness Whereof the parties hereto have affixed their Corporate seals to these presents duly attested by their proper signing officers authorized in that behalf.

Contract ENG14- 31 _ Page 42 of 86

Page 4 of 4 Instructions on Signing

If the Contractor is a Corporation

If the Contractor is a corporation, a duly authorized officer(s) of the Corporation must sign on the signing line above the statement “I have the authority to bind the Corporation”. If a Corporate seal is available, please affix the seal. The Contractor must also complete the Company Name, Name of Person Signing, Position of Person Signing, in the space provided.

If the Contractor is an Individual

If the Contractor is an individual, the Contractor must sign in the presence of a witness who must also sign.

If the Contractor is Partnership

If the Contractor is a partnership, at least one partner must sign and that partner warrants that he/she binds the partnership. The partner(s) must sign in the presence of a witness who must also sign. The Contractor must also complete the Company Name, Name of Person Signing, Position of Person Signing, in the space provided.

Dated at Sudbury, this day of , (day) (month) (year)

Contractor Sign Here

(Company Name)

/ (Name of Person Signing) (Please Print) (Position of Person Signing)

Signature of Person Signing) Signature of Witness ("I have the authority to bind the Corporation") (if applicable)

City of Greater Sudbury City of Greater Sudbury

General Manager Clerk

(Clerk’s signature is not required if the contract is awarded by the General Manager. Remove this area completely.)

Contract ENG14- 31 _ Page 43 of 86

Division 3

Contract ENG14- 31 _ Page 44 of 86

Division #3

Special Provisions

Section Description

1. Commencement and Completion

2. Designated Dump Sites

3. Contractor Indoctrination

4. Site Office

5. Canadian National Railway (CN)

6. Site Restoration

7. Contract Items

− Restoration Release Form (Sample)

− Disruption of Municipal Services Advisory Notice (Sample)

Contract ENG14- 31 _ Page 45 of 86

1. Commencement and Completion

a) Progress of the Work and Time for Completion

The Contractor shall begin work within one week of written instructions to do so and shall diligently prosecute his work on this Contract to completion before October 1, 2014, in accordance with Section 107-12 of the General Conditions.

Work shall not proceed on Suez Railway Crossing (MR84) without written authorization from the City.

b) Liquidated Damages

The parties to the Contract hereto agree that the Contractor will pay to the Corporation the sum of $1,000.00 per day Liquidated Damages for each and every calendar day's delay in finishing the work after the completion date of October 1, 2014.

2. Designated Dump Sites

There will be no designated dump site for Part ‘A’ of this contract.

Minor amounts of materials expected to be removed such as spot excavation, culverts, or asphalt become the property of the Contractor and shall become his responsibility to dispose of off the site at his own expense. The cost for disposal shall be deemed as all inclusive in the unit price bid.

Designated Dump Sites – Part ‘B’ Suez Railway Crossing (MR84)

(Hanmer) - close to Suez location: Centennial Arena at the back of the building.

(Hanmer) - close to Valley location: 650 Dominion Drive, Hanmer Hanmer, Con 2, Lot 3, REM Pcl 38153, PR 534833, Part 1, Except RP 53R16014, Part 1 Note: No concrete at this location allowed.

Contractor shall contact the property owners for all dump sites to make arrangements prior to use and to push the fill on a regular basis for use of the dump site as per City of Greater Sudbury General Conditions 106-26.

Contact information of the property owners will be provided at the Pre-Construction Meeting.

Sites may vary or additional sites may be added.

Absolutely no Asphalt is to be dumped at any City of Greater Sudbury Approved Dump Site. Should there be asphalt dumped at one of these properties, the asphalt shall be removed at the Contractor’s expense.

Asphalt Chunks to be recycled at the Pioneer Pit on Skead Road, Beamish Pit on Notre Dame Avenue, Hanmer, or Interpaving Pit on Garson-Coniston Road.

Contract ENG14- 31 _ Page 46 of 86

3. Contractor Indoctrination

The Contractor is hereby advised that each member of the Contractor’s workforce including sub-contractors shall be required to:

a) Comply with the City’s Health and Safety regulations and Entry Into Confined Space regulation.

b) Successfully complete the NORCAT Worksite Safety Awareness training for City of Greater Sudbury. The registration form is accessible via the internet at the NORCAT web site http://www.norcattraining.com. Training is performed at the NORCAT office. The cost of the training, as established by NORCAT, shall be the sole responsibility of the Contractor.

4. Site Office

Further to Section 106-24 of the General Conditions, the site office shall not be required.

5. Canadian National Railway (CN)

Authorization for the Suez Railway Crossing is dependent on CN approval. Should the work not proceed in the 2014 construction season, the work shall be cancelled and no compensation for this cancellation will be entertained.

All work within the CN right-of-way shall be completed by CN’s approved Contractor, Lacroix Construction Co. Ltd.

The successful Contractor shall be responsible to coordinate this work such that the construction operation is continuous.

The Contractor shall follow all restrictions and regulations set out by the railway. Should a flagperson be required, the Contractor shall be responsible for the scheduling of this work. The City will be invoiced directly for this work.

6. Site Restoration

Where the site is disturbed by the construction of watermains, watermain lining, sewer mains, appurtenances, services and structures, restoration shall be included in the unit price bid for the applicable contract items, as per but not limited to the following:

a) Roadway Restoration (City Property)

Shaw Street- Trench Restoration

40 mm Surface Asphalt (PG 52-34) – To be paid under separate item

Tack Coat – To be paid under separate item 50 mm Binder Asphalt (PG 52-34) 150 mm Granular ‘A’ 450 mm Modified Granular ‘B’ Suitable native backfill

Contract ENG14- 31 _ Page 47 of 86

b) Driveway Restoration (City & Private Property)

i) Paved Driveways • 50 mm HL3 Surface Asphalt

• 150 mm Granular ‘A’ or match existing thickness, whichever is greater

ii) Gravel Driveways • 150 mm Granular ‘A’ or match existing thickness, whichever is greater

or

• 150 mm Granular ‘A’ Slag or match existing thickness, whichever is greater should a Slag surface exist

iii) Lockstone Driveways • Lockstone (existing salvaged units)

• Choke sand

• 50 mm Crusher Dust

• 150 mm Granular ‘A’ or match existing thickness, whichever is greater

c) Concrete Curb and Gutter / Concrete Sidewalk (City property)

Remove and reinstate any sections of concrete curb and gutter and/or concrete sidewalk removed or damaged by the construction, as per City standards.

When directed by the City, the Contractor will replace deteriorated sections of curb and gutter and/or concrete sidewalk within the contract limits. These sections will be paid under the appropriate items.

d) Driveway Curb and Retaining Walls (Precast Concrete, Moduloc Block, Native Rock, and Timber) (City & Private Property)

Remove, salvage and reinstate all existing retaining walls and driveway curbs to original conditions.

e) Open Drainage Ditches and Culverts (City & Private Property)

Affected drainage ditches and/or culverts will be reinstated to promote positive drainage or to match existing conditions. Regrading of surrounding areas to be directed by the City Engineer.

The back slope and base of all affected ditches will be finished with 100 mm topsoil and sod as per OPSS 570 and 571. The front slope of the ditch is to be left as a granular slope.

Contract ENG14- 31 _ Page 48 of 86

f) Planting Beds, Trees and Shrubs (Private Property)

Remove, salvage and reinstate all existing planting beds, trees and shrubs, including curbs / borders to original conditions.

Unless indicated elsewhere in this contract, existing planting beds, tree and shrubs on City property that are removed as a result of the work, are not to be replaced.

g) Grassed Areas (City & Private Property)

All restoration of grassed areas shall include 100 mm of topsoil and sod, as per OPSS 570 and 571, unless specified otherwise. This shall include the areas on City property where planting beds, trees, shrubs, etc., have been relocated from.

h) Walkways (City & Private Property)

Reinstatement of all existing walkways to original conditions.

i. Other (City & Private Property)

All other items disturbed by construction in this contract, shall be restored to match existing conditions at the Contractor’s expense.

7. Contract Items

The items in the Schedule of Unit Prices are intended to cover and include the supplying of all labour, equipment and materials (except as noted in the Information to Tenderers and Special Provisions) necessary for the completion of the various works called for in this contract and the prices set out in the Schedule of Unit Prices for the said items shall be full compensation for the labour, equipment, material and equipment supplied to do all the work covered by the said items.

Following are special provisions pertaining to items listed in the Schedule of Unit Prices.

Price Indexing for Liquid Asphalt Cement

The City of Greater Sudbury will be using M.T.O. Special Provision # 103S20, dated March 2012, or current edition, to price index liquid asphalt cement.

Contract ENG14- 31 _ Page 49 of 86

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Special Provisions Indexing

1. Hand-Placed HMA (PG 52-34)

2. Tack Coat

3. Adjust Existing Structures in Pulverization Areas

4. Supply and Install Frame and Cover/Grate

5. Adjust Existing Valve Boxes in Pulverization Areas

6. Polycoated CSP Culvert (2 mm thickness)

7. Grind Asphalt Joint

8. Sawcut Existing Asphalt

9. Concrete Curb and Gutter Systems

10. Roadway Asphalt Removal / Reclamation

11. Asphalt Removal (Driveways, parking lots)

12. Reset Interlocking Stone

13. Sodding and Topsoil

14. Culvert Removal

15. Adjust Existing Structures

16. Adjust Existing Valve Boxes

17. Edge Treatment

18. Supply and Install Auto Stable Self-level (Bibby) Frame and Cover in Pulverization Areas

19. Supply and Install Auto Stable Self-level (Bibby) Frame and Cover

20. Equipment Rental (Shouldering)

21. Surface / Binder / Hand-Placed Asphalt

22. Concrete Sidewalk

23. Supply and Install Valve Box (Upper Portion)

24. Earth Excavation

25. Granular B Type II

26. Break-in Existing Structure

27. Ditching

28. Contingency

Contract ENG14- 31 _ Page 50 of 86

Hand-Placed HMA (PG 52-34)

Spec 310

S.P. #1

Hand placed asphalt applies to those areas such as driveways, swales, boulevards, and patching.

Payment by the square metre shall be all inclusive for the supply and placement of hand placed binder (HL8) or surface (HL3) at the depths indicated below.

Boulevards, driveways, parking lots, swales – Surface HL3 – 50 mm Roadways – Binder HL8 – 50 mm Swales – Surface HL3 – 50 mm

If, at the direction of City Staff, a different thickness of asphalt is required, the unit price bid per square metre will be pro-rated to reflect this change.

Tack Coat

Spec 313

S.P. #2

The tack coat will conform to OPS Material Specification 1103 and will be applied to both the horizontal and vertical faces of all planed areas, asphalt recycled treatment areas, and base asphalt areas before the next asphalt lift.

Adjust Existing Structures in Pulverization Areas (All Types)

Spec 408

S.P. #3

All structures within the limits of the pulverization areas shall be lowered and covered by steel plate prior to the treatment. When adjusting the structure to finished grade, any disturbances to base material, i.e. expanded asphalt mix or remaining asphalt, shall be replaced with hot mix asphalt to full treated depth, or to base asphalt height. This asphalt will be deemed as all inclusive in unit price bid.

A payment of one each will be made for each structure adjusted, regardless of size or depth of cut.

Contract ENG14- 31 _ Page 51 of 86

Supply and Install Frame and Cover/Grate

Spec Nil

S.P. #4

This item includes the supply and installation of the appropriate frame and cover/grate to replace any cracked, broken or outdated units as directed by the City. This item shall not include adjustable frame and covers.

Payment of one each will be made for each unit installed. The adjustment of the structure will be paid under the appropriate item.

Adjust Existing Valve Boxes in Pulverization Areas

Spec 408

S.P. #5

All valve boxes within the limits of the pulverization areas shall be lowered and covered by steel plate prior to the treatment. When adjusting the valve box to finished grade, any disturbances to base material, i.e. expanded asphalt mix or remaining asphalt, shall be replaced with hot mix asphalt to full treated depth, or to base asphalt height. This asphalt will be deemed as all inclusive in the unit price bid.

A payment of one each will be made for each valve box adjusted, regardless of size or depth of cut.

Polycoated CSP Culvert (2 mm thickness)

Spec 421

S.P. #6

Contractor to confirm in the field, all lengths and sizes of culverts marked for replacement.

Reinstatement of the granular and asphalt will be paid under separate items.

Grind Asphalt Joint

Spec Nil

S.P. #7

This item may be used to tie into existing asphalt. Measurement for payment shall be by the linear metre.

Contract ENG14- 31 _ Page 52 of 86

Sawcut Existing Asphalt

Spec Nil

S.P. #8

This item may be used to tie into existing asphalt.

This item may be used, at the sole discretion of City Staff, for driveways, boulevards, parking lots, etc.

Measurement for payment will be by the linear metre.

Sawcuts in asphalt shall be made by a carbide wet blade saw or suitable cut off saw, regardless of depth. Cold planing for joints is acceptable as an alternative to sawcutting.

Concrete Curb and Gutter Systems

Spec 353, 510

S.P. #9

The unit price bid shall be full compensation for all labour, equipment and material for the work described as follows; and shown on Typical Drawing A2023-1.

Sawcutting and removal of existing concrete curb and gutter.

Reinstatement of the concrete curb and gutter as per GSSD 600.010 or 600.030 including the placement and compaction of a 75 mm Granular ‘A’ levelling layer.

Sawcutting of the existing asphalt 600 mm from the curb face/edge of pavement, along the length and at the ends of the section being replaced, all prior to excavation.

Removal of the road asphalt within the above area.

Sawcutting of the boulevard behind the curb at each end of the section being replaced.

Removal of the boulevard asphalt within the above areas.

Disposal of the material.

Supply and placement of native fill for 300 mm behind the curb at sod locations or Granular ‘A’ at driveway or boulevard locations.

Contract ENG14- 31 _ Page 53 of 86

Fine grading of the existing Granular ‘A’ in the boulevard and in the 600 mm space in front of the new curb in preparation for paving.

Reinstatement of the asphalt will be paid under the appropriate item.

Note: The removal of the asphalt gutter system on Ferguson shall be included in the unit price bid for this item.

Roadway Asphalt Removal / Reclamation

Spec 510, 330

S.P. #10

Asphalt removal shall be according to the item listed for each location within the contract document (see Division #4).

All cold-planed surfaces shall be milled to a 3% crossfall.

This item shall include the grading and compaction of the granular base material to achieve a 3% crossfall where required. If extra granular material is required, it shall be paid under the appropriate item.

Asphalt removal will be paid by the square metre, no matter what the thickness, unless thickness is listed elsewhere in the contract document.

Sawcut shall be paid under the appropriate item.

All “Rap” from Ferguson Avenue shall be brought to the Suez Depot.

Asphalt Removal (Driveways, parking lots)

Spec 310, 510

S.P. #11

Asphalt removal will be paid by the square metre, no matter what the thickness.

This item is intended for asphalt removal in driveways and parking lots as directed by City Staff.

Sawcuts shall be paid under the appropriate item.

Contract ENG14- 31 _ Page 54 of 86

Reset Interlocking Stone

Spec 355

S.P. #12

The Contractor is responsible to salvage and replace interlocking stone driveways that will require regrading due to the resurfacing and/or culvert replacement, as directed.

For the unit price bid, the Contractor shall remove and stockpile the existing paving stones and edging, regrade the driveway with suitable crusher dust, then relay the paving stones and borders. The Contractor shall reuse the existing paving stones and edging and shall supply similar for any shortages that may occur due to damage and/or recutting. The supply and placement of crusher dust and choke sand shall be deemed as all inclusive in the unit price bid.

Sodding and Topsoil

Spec 570, 571

S.P. #13

This item includes the placement of a minimum of 100 mm of topsoil.

The Contractor will not be allowed to draw water from the municipal water system for the watering of the sod.

Culvert Removal

Spec 510

S.P. #14

Existing culverts removed are not required to be salvaged. All pipes removed become the property of the Contractor and shall be disposed of off the site. Removal and disposal shall be deemed as all inclusive in the unit price bid.

Adjust Existing Structures

Spec 408

S.P. #15

This item includes the removal and disposal of existing asphalt, and the adjustment to finished grade prior to hot mix paving. The asphalt patching to base asphalt height will be deemed as all inclusive in the unit price bid.

A payment of one each will be made for each structure adjusted, regardless of size or depth of cut.

Contract ENG14- 31 _ Page 55 of 86

Adjust Existing Valve Boxes

Spec 408

S.P. #16

This item includes the removal and disposal of existing asphalt, and the adjustment to finished grade prior to hot mix paving. The asphalt patching to base asphalt height will be deemed as all inclusive in the unit price bid.

A payment of one each will be made for each structure adjusted, regardless of size or depth of cut.

Edge Treatment

Spec Nil

S.P. #17

For the unit price bid, the Contractor shall supply a polymer modified bitumen product and its associated primer, which will be applied to all pavement edges and around all structures at the surface asphalt lift only, as per manufacturer’s specifications.

For all Arterial/Collector Roads, Densoband size 15 mm x 45 mm or approved equivalent shall be used.

For all Local Roads, Denso-reinstatement tape size 2 mm x 50 mm or approved equivalent shall be used.

Payment shall be made by the metre, measured along the edge of all treated pavement and all treated structures.

Supply and Install Auto Stable Self-level (Bibby) Frame and Cover in Pulverization Areas

Spec 407

S.P. #18

This item includes the supply and installation of a Bibby Auto Stable Frame and Cover or approved equivalent on all existing maintenance holes within the roadway, as directed by the City and as per the manufacturer’s recommendation.

This item will only be used when it has been determined that there is at least 300 mm below finished grade to allow for proper installation.

Payment of one each will be made for each unit installed.

The adjustment of the structure will be paid under the appropriate item.

Contract ENG14- 31 _ Page 56 of 86

Supply and Install Auto Stable Self-level (Bibby) Frame and Cover

Spec 407

S.P. #19

This item includes the supply, installation and adjustment of a Bibby Auto Stable Frame and Cover or approved equivalent on all existing maintenance holes within the roadway, as directed by the City and as per the manufacturer’s recommendation.

This item will only be used when it has been determined that there is at least 300 mm below finished grade to allow for proper installation.

Payment of one each will be made for each unit installed.

Equipment Rental (Shouldering)

Spec 206

S.P. #20

This item is intended to be used for any shouldering work to remove existing overgrown vegetation where required, as directed.

Measurement and payment will be by the hour for operated equipment only and only for the time that it is actively engaged on the work. No float time or moves will be paid.

Surface / Binder / Hand-Placed Asphalt

Spec 310

S.P. #21

Surface asphalt shall not be placed until all restoration or deficiency work has been complete to the satisfaction of the City. In some cases, there may be minimal work that is to occur after, the placement of surface asphalt (shouldering, etc.) only with the approval of the City.

Warm Mix Asphalt may be used as substitute for Hot Mix Asphalt at any time. After September 30th, 2014, Hot Mix Asphalt shall not be used and Warm Mix Asphalt shall be used at all times.

Contract ENG14- 31 _ Page 57 of 86

Concrete Sidewalk GSSD 310,010, GSSD 310.015

Spec 351, 510

S.P. #22

The unit price bid shall be full compensation for all labour, equipment and material for the work described as follows:

Removal and reinstatement of the concrete sidewalk as per GSSD 310.010 or GSSD 310.015 including the placement and compaction of a 100 mm Granular ‘A’ levelling layer;

Sawcutting of the boulevard behind the curb at each end of the section being replaced, all prior to excavation;

Removal of the boulevard asphalt within the above area;

Disposal of the material;

Fine grading of the existing Granular ‘A’ in the boulevard in preparation for piping;

Reinstatement of the asphalt will be paid under the appropriate item.

Supply and Install Valve Box (Upper Portion)

Spec Nil

S.P. #23

This item includes the supply and installation of a valve box upper portion to replace and cracked or broken units as directed by the City.

Payment will be made for each unit installed. The adjustment of the valve box will be paid under the appropriate item.

Earth Excavation

Spec 206, 510

S.P. #24

This item is intended to be used for the excavation of a frost taper at the railway crossing on MR84 between Linden Drive and Suez Drive as per OPSD 803.031. Assume a width of 2.6 m with a frost penetration depth of 2.7 m.

Included in the unit price bid shall be the removal and disposal of existing material.

Contract ENG14- 31 _ Page 58 of 86

Granular ‘B’ Type II

Spec 314

S.P. #25

OPSS 314, November 2013, shall be amended as follows:

OPSS 314, Construction Specification for Untreated Granular, Subbase, Base, Surface, Shoulder and Stockpiling (November 2013) is modified by the following:

General

The rate of placing material shall be controlled by the adequacy of the compaction obtained.

Material shall not be dumped into position, but shall be deposited on and pushed over the end of the layer being constructed by means of bulldozers or other approved equipment.

The placement of the first layer of material over wet or weak subgrade shall be monitored and the placement and compaction procedure modified as required, with the approval of the City Engineer, to minimize subgrade disturbance. Localized, unusually wet or weak subgrade areas shall be identified to the City Engineer, for possible treatment. Each layer of material shall be compacted as specified before the next layer is placed.

Compaction Requirements

Compaction requirements shall conform to OPSS 501.

Granular B, Type II shall be compacted using single drum, vibratory, smooth steel drum rollers, with a minimum static drum weight of 8 tonnes (8000 kilograms) and minimum operating dynamic force of 150 kilonewtons. One hundred percent roller pass coverage with a minimum number of four passes shall be provided. Each roller pass shall overlap the coverage of the preceding pass by a minimum of 0.5 m.

Modified Layer Compaction Method

At the option of the Contractor, granular materials may be placed in layers thicker than permitted under subsection 314.07.01 subject to the following provisions:

1. All material, with the exception of Granular B, Type II, shall be placed in uniform layers such that each layer shall have a depth of not more than 300 mm after compaction.

Contract ENG14- 31 _ Page 59 of 86

2. Granular B, Type II shall be placed in uniform layers with a compacted depth not to exceed the values allowed by Table 1 for various sizes of single drum, vibratory, smooth wheel drum rollers. Both the minimum drum weight and the minimum operating dynamic force requirement shall be met. One hundred percent roller pass coverage with a minimum number of four passes shall be provided. Each roller pass shall overlap the coverage of the preceding pass by a minimum of 0.5 m.

Table 1: Modified Layer Compaction Thickness for Granular B, Type II The following table shows the Minimum Drum Weight

Minimum Drum Weight (kilograms)

Minimum Operating Dynamic Force (kilonewtons)

Maximum Layer Depth after Compaction (mm)

8000 150 450 12000 250 600 15000 350 750

3. Before placing each material in such thicker layers, the Contractor shall prove the ability of his proposed method to achieve the specified density by means of a two lane trial area, the location and extent of which shall be as approved by the City Engineer. The Contractor shall give the City Engineer at least 48 h notice before commencing any work on the trial area, and shall also give the City Engineer full details of the placing and compaction system, or systems, which the City Engineer proposes to evaluate, including the rate of placing, depth of layer, number and type of compaction units and number of passes. The areas designated to evaluate each system shall be of sufficient length to be properly representative and shall normally comprise approximately 150 m long.

4. When the City Engineer on the basis of test results, approves a system of placing and compacting, the Contractor shall continue to employ that system for the remainder of the work to which it is applicable, except that,

a. Should the Contractor find it necessary at any time to change the system or any part of it, including the source of material, or the rate of placing the material, the Contractor shall first obtain the approval of the City Engineer, who may require a further trial area.

b. If at any time tests show that a previously approved system is not longer producing the required degree of compaction, the Contractor shall make whatever changes are necessary to satisfy the requirements of this specification.

c. Where vibration effects are creating environmental problems, the Contractor shall make whatever changes are necessary.

Contract ENG14- 31 _ Page 60 of 86

Break-in Existing Structure

Spec 407

S.P. #26

Included in the unit price bid shall be all work necessary to break-into the existing structure on Shaw Street in Capreol as per B1330-1; regardless of thickness.

Ditching

Spec Nil

S.P. #27

This item shall be used as directed by the City in locations of culvert replacement to improve drainage in the immediate ditch drainage area.

Contingency

Spec Nil

S.P. #28

The City has entered an amount for “Contingency” in the Schedule of Unit Prices”. This amount shall not be altered by the Tenderer, but will form part of the sub-total for the contract.

The Tenderer agrees that he is not entitled to payment of the Contingency Allowance, except for additional work carried out in accordance with the Contract and as directed by the City Engineer, and only to the extent of such additional work. The Tenderer shall refer to Section 108-9 of the General Conditions.

Contract ENG14- 31 _ Page 61 of 86

"Sample"

City of Greater Sudbury

Restoration Release Form

To Whom It May Concern

Contract #:

Description

This is to certify that the restoration work required on my property under this contract has been carried out as previously agreed to with the City.

Signed: Dated:

Please Print: Name

Address

Witnessed:

1) Blank forms are available from the Construction Services Section.

2) Please submit completed forms to the Construction Services Section.

Contract ENG14- 31 _ Page 62 of 86

“Sample"

City of Greater Sudbury

Advisory Notice Disruption of Municipal Services

To Whom It May Concern

There will be a disruption of municipal servicing to your property for a period of

approximately hours beginning at AM / PM, on

, , , 20 (Day) (Date) (Month)

This is to certify that I have been notified accordingly.

Signed: Dated:

Please Print: Name

(Property Owner / Occupant / other)

Address

Witnessed:

1. Blank forms are available from the Construction Services Section.

2. Please submit completed forms to the Construction Services Section.

Contract ENG14- 31 _ Page 63 of 86

Division 4

Contract ENG14- 31 _ Page 64 of 86

Division #4

Maps Scope of Work Contract Items

Part ‘A’ Section #1 Ferguson Avenue (Capreol)

Section #2 Eva Street (Hanmer)

Section #3 Elysee Court (Val Therese)

Section #4 Maple Street (Val Caron)

Section #5 Montpellier Road (Chelmsford)

Section #6 Belanger Street (Chelmsford)

Part ‘B’ Section #1 Suez Railway Crossing (MR84)

Contract ENG14- 31 _ Page 65 of 86

Item Description Unit Qty

21 Cold Planing (40mm) sq.m 9,450

2 Tack Coat sq.m 9,450

4 Hot Mix Surface Asphalt HL3 (PG52-34) tonne 1,508

5 Sawcutting Existing Asphalt m 102

6 Grind Asphalt m 25

7Hand Placed Hot Mix Surface Asphalt HL3 (PG 52-34) (50mm

depth)sq.m 61

9 Edge Treatment (Local Road) m 351

10 Adjust Existing Structures each 11

11 Adjust Existing Valve Boxes each 7

12 Supply and Install Frame and Grate/Cover (All Types) each 11

13 Supply and Install Valve Box (Upper Portion) each 1

14 Sod and 100mm Topsoil sq.m 720

17 Asphalt Removal sq.m 61

29 300mm STM Pipe m 50

30 600mmx600mm Catchbasin v.m 2

31 1200mm MHCB v.m. 2

18Concrete Curb and Gutter Systems (GSSD

600.010, GSSD 600.030)m 1,200

ANTICIPATED CONTRACT ITEMS:

The installation of 96.7 m of 300mm storm sewer and

storm structures on Shaw Street as per B1330-1 in Division 5

PART 'A' - FERGUSON AVENUE (CAPREOL) (+ 600 m)

SCOPE OF WORK:

The 40mm cold planing of Ferguson Avenue from Crescent Avenue to 50m

East of Shaw Street in Capreol to achieve a 3 % crossfall with a 50mm

surface asphalt overlay, including tack coat.

The 40mm cold planing of Shaw Streetfrom Ferguson Avenue to

Vaughan Avenue in Capreol to achieve a 3 % crossfall with a 50mm

surface asphalt overlay, including tack coat.

The installation of mountable curb on both sides of the roadway,

replacing the current asphalt gutter system on Ferguson Avenue.

Contract ENG14- 31 _ Page 66 of 86

Contract ENG14- 31 _ Page 67 of 86

Contract ENG14- 31 _ Page 68 of 86

Item Description Unit Qty

1 In-Place Full Depth Asphalt Reclamation sq.m 3,795

2 Tack Coat sq.m 4,235

3 Hot Mix Binder Asphalt HL8 (PG52-34) tonne 676

4 Hot Mix Surface Asphalt HL3 (PG52-34) tonne 544

7 Hand Placed Hot Mix Surface Asphalt HL3 (PG 52-34) (50mm

depth)sq.m 47

5 Sawcutting Existing Asphalt m 155

9 Edge Treatment (Local Road) m 77

12 Supply and Install Frame and Grate/Cover (All Types) each 1

13 Supply and Install Valve Box (Upper Portion) each 1

14 Sod and 100mm Topsoil sq.m 25

23 Adjust Existing Structures in Pulverized Areas each 1

24Supply and Install Auto Stable Self-Level Frame and Cover

(Bibby) in Pulverized Areaseach 2

25 Adjust Existing Valve Boxes in Pulverized Areas each 3

26 Culvert Removal m 48

27 450mm dia. Polycoated (2mm) CSP Culvert m 48

22 Equipment Rental (Shouldering) hr 5

32 Break-In Exist Structure each 1

8 Granular 'A' (Including Shouldering) tonne 143

17 Asphalt Removal sq.m 47

PART 'A' - SECTION 2 - EVA ST (Hanmer) (+ 550 m)

SCOPE OF WORK:

ANTICIPATED CONTRACT ITEMS:

The in-place full depth asphalt reclamation of the existing asphalt on Eva Street

from Chenier Street to Laura Street in Hanmer, complete with the placement of

40mm of surface asphalt and 50mm of binder asphalt, including tack coat

The replacement of all existing CSP roadway cross-culverts within

the limits of the resurfacing

The roadway shall be paved to GSSD 206.010

Contract ENG14- 31 _ Page 69 of 86

Contract ENG14- 31 _ Page 70 of 86

Item Description Unit Qty

1 In-Place Full Depth Asphalt Reclamation sq.m 4,209

2 Tack Coat sq.m 4,623

3 Hot Mix Binder Asphalt HL8 (PG52-34) tonne 738

4 Hot Mix Surface Asphalt HL3 (PG52-34) tonne 594

7 Hand Placed Hot Mix Surface Asphalt HL3 (PG 52-34) (50mm

depth)sq.m 40

5 Sawcutting Existing Asphalt m 105

9 Edge Treatment (Local Road) m 39

12 Supply and Install Frame and Grate/Cover (All Types) each 1

13 Supply and Install Valve Box (Upper Portion) each 1

14 Sod and 100mm Topsoil sq.m 25

23 Adjust Existing Structures in Pulverized Areas each 1

24Supply and Install Auto Stable Self-Level Frame and Cover

(Bibby) in Pulverized Areaseach 7

25 Adjust Existing Valve Boxes in Pulverized Areas each 5

26 Culvert Removal m 24

27 450mm dia. Polycoated (2mm) CSP Culvert m 12

28 300mm dia. Polycoated (2mm) CSP Culvert m 12

22 Equipment Rental (Shouldering) hr 5

20 Reset Interlocking Stone sq.m 7

8 Granular 'A' (Including Shouldering) tonne 179

17 Asphalt Removal sq.m 40

from St Mary's Boulevard North to St Mary's Boulevard South, complete with the placement

The replacement of all existing CSP roadway cross-culverts within

ANTICIPATED CONTRACT ITEMS:

the limits of the resurfacing

The roadway shall be paved to GSSD 206.010

PART 'A' - SECTION 3 - ELYSEE CRESCENT (VAL THERESE) (+ 690 m)

SCOPE OF WORK:

The in-place full depth asphalt reclamation of the existing asphalt on Elysee Crescent

of 40mm of surface asphalt and 50mm of binder asphalt, including tack coat

Contract ENG14- 31 _ Page 71 of 86

Contract ENG14- 31 _ Page 72 of 86

Item Description Unit Qty

1 In-Place Full Depth Asphalt Reclamation sq.m 5,185

2 Tack Coat sq.m 5,695

3 Hot Mix Binder Asphalt HL8 (PG52-34) tonne 909

4 Hot Mix Surface Asphalt HL3 (PG52-34) tonne 731

7 Hand Placed Hot Mix Surface Asphalt HL3 (PG 52-34) (50mm

depth)sq.m 43

5 Sawcutting Existing Asphalt m 89

6 Edge Treatment (Local Road) m 23

12 Supply and Install Frame and Grate/Cover (All Types) each 1

13 Supply and Install Valve Box (Upper Portion) each 1

14 Sod and 100mm Topsoil sq.m 25

23 Adjust Existing Structures in Pulverized Areas each 1

24Supply and Install Auto Stable Self-Level Frame and Cover

(Bibby) in Pulverized Areaseach 1

25 Adjust Existing Valve Boxes in Pulverized Areas each 1

26 Culvert Removal m 36

29 300mm dia. Polycoated (2mm) CSP Culvert m 36

22 Equipment Rental (Ditching and Clearing) hr 10

33 Ditching m 50

20 Reset Interlocking Stone sq.m 7

8 Granular 'A' (Including Shouldering) tonne 220

17 Asphalt Removal sq.m 43

ANTICIPATED CONTRACT ITEMS:

PART 'A' - SECTION 4- MAPLE STREET (VAL CARON) (+ 850 m)

SCOPE OF WORK:

The roadway shall be paved to GSSD 206.010

The in-place full depth asphalt reclamation of the existing asphalt on Maple Street

from Larch Street to Durham Street in Val Caron, complete with the placement of

40mm of surface asphalt and 50mm of binder asphalt, including tack coat

The replacement of all existing CSP roadway cross-culverts within

the limits of the resurfacing

Contract ENG14- 31 _ Page 73 of 86

Contract ENG14- 31 _ Page 74 of 86

Item Description Unit Qty

1 In-Place Full Depth Asphalt Reclamation sq.m 3,350

2 Tack Coat sq.m 3,350

3 Hot Mix Binder Asphalt HL8 (PG52-34) tonne 535

4 Hot Mix Surface Asphalt HL3 (PG52-34) tonne 430

7Hand Placed Hot Mix Surface Asphalt HL3 (PG 52-34) (50mm

depth)sq.m 43

5 Sawcutting Existing Asphalt m 29

6 Edge Treatment (Local Road) m 23

14 Sod and 100mm Topsoil sq.m 10

24Supply and Install Auto Stable Self-Level Frame and Cover

(Bibby) in Pulverized Areaseach 1

26 Culvert Removal m 12

27 450mm dia. Polycoated (2mm) CSP Culvert m 12

33 Ditching m 50

20 Reset Interlocking Stone sq.m 7

28Concrete Curb and Gutter Systems

(GSSD 600.010, GSSD 600.030)m 50

8 Granular 'A' (Including Shouldering) tonne 130

17 Asphalt Removal sq.m 43

The in-place full depth asphalt reclamation of the existing asphalt on Montpellier Street

from Main Street West to Golf Course Rd in Chelmsford, complete with the placement of

PART 'A' - SECTION 5 - MONTPELLIER ROAD (CHELMSFORD) (+ 500 m)

SCOPE OF WORK:

40mm of surface asphalt and 50mm of binder asphalt, including tack coat

ANTICIPATED CONTRACT ITEMS:

The replacement of all existing CSP roadway cross-culverts within

the limits of the resurfacing

The roadway shall be paved to GSSD 206.010

The resurfacing shall tie into existing asphalt at the CPR right of way.

scheduling of this work. The City will be invoiced directly for the flagperson.

Should a flagperson be required, the Contractor shall be responsible for the

The Contractor shall follow all restrictions and regulations set by the railway,

Contract ENG14- 31 _ Page 75 of 86

Contract ENG14- 31 _ Page 76 of 86

Item Description Unit Qty

36 Roadway Asphalt Removal sq.m 1,820

2 Tack Coat sq.m 1,820

3 Hot Mix Surface Asphalt HL3 (PG52-34) tonne 234

4 Hot Mix Binder Asphalt HL8 (PG52-34) tonne 290

5 Sawcutting Existing Asphalt m 50

6 Grind Asphalt m 25

7Hand Placed Hot Mix Surface Asphalt HL3 (PG 52-34) (50mm

depth)sq.m 100

9 Edge Treatment (Local Road) m 324

10 Adjust Existing Structures each 1

11 Adjust Existing Valve Boxes each 2

16Supply and Install Auto Stable Self-Level Frame and Cover

(Bibby)each 6

12 Supply and Install Frame and Grate/Cover (All Types) each 1

13 Supply and Install Valve Box (Upper Portion) each 1

14 Sod and 100mm Topsoil sq.m 120

17 Asphalt Removal sq.m 100

18Concrete Curb and Gutter Systems

(GSSD 600.010, GSSD 600.030)m 240

19 Concrete Sidewalk (GSSD 310.010, GSSD 310.015) sq.m 75

Spot concrete sidewalk replacement to elimate any

tripping hazards and replace deteriorated sections

PART 'A' - SECTION 6 - BELANGER STREET (CHELMSFORD (+ 200 m)

SCOPE OF WORK:

ANTICIPATED CONTRACT ITEMS:

The existing asphalt shall be removed in it's entirety, Granular 'A' shall be placed to

achieve a 3% crossfall and the roadway shall be paved with

40mm of surface asphalt and 50mm of binder asphalt, including tack coat

Spot concrete curb and gutter replacement to eleviate ponding or drainage issues and

to replace any deteriorated sections

Contract ENG14- 31 _ Page 77 of 86

Contract ENG14- 31 _ Page 78 of 86

The in-place full depth asphalt reclamation of the existing asphalt MR84

PART 'B' - SECTION 1 - Suez Railway Crossing (MR84) (Capreol) (+ 355 m)

SCOPE OF WORK:

Should a flagperson be required, the Contractor shall be responsible

The Contractor shall follow all restrictions and regulations set by the railway,

for the scheduling of this work. The City will be invoiced directly for the flagperson.

binder asphalt, and a frost taper excavation at the railway crossing.

complete with the placement of 40mm of surface asphalt, 2 x 50mm of heavy duty

from Linden Drive to Suez Drive in Capreol,

Item Description Unit Qty

1 Roadway Asphalt Removal sq.m 260

2 In-Place Full Depth Asphalt Reclamation sq.m 2,490

3 Tack Coat sq.m 260

4 Hot Mix Surface Asphalt HL3 (PG54-34) tonne 320

5 Hot Mix Binder Asphalt HL8 (PG54-34) tonne 790

6 Sawcutting Existing Asphalt m 50

7 Grind Asphalt m 25

8 Granular 'A' tonne 150

9 Granular 'B' Type II tonne 2,500

10 Edge Treatment (Arterial Road) m 324

11 Geotextile - Terratrack 400W sq.m 860

12 Earth Excavation cu.m 940

ANTICIPATED CONTRACT ITEMS:

Contract ENG14- 31 _ Page 79 of 86

Contract ENG14- 31 _ Page 80 of 86

Division 5

Contract ENG14- 31 _ Page 81 of 86

Division #5

1. Specification Listing

2. Standard Drawings Listing

Contract ENG14- 31 _ Page 82 of 86

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Specifications Listing

The table below shows the Specifications Listing.

OPSS GSSS Spec Date Date # Title

NOV 00 FEB 02 206 Grading

NOV 04 ‒ 209 Embankments over Swamps

NOV 04 APR 05 310 Hot Mix Asphalt

APR 07 ‒ 313 Construction Specification for Hot Mix Asphalt – Eng Result

NOV 04 APR 05 314 Untreated Granular Subbase, Base, Surface, Shoulder, and Stockpiling

NOV 11 ‒ 330 In-Place Full Depth Reclamation of Bituminous Pavement and Underlying Granular

SEPT 96 ‒ 351 Concrete Sidewalk

SEPT 96 ‒ 353 Concrete Curb and Gutter Systems

SEPT 96 ‒ 355 Installation of Interlocking Concrete Pavers

NOV 04 APR 05 407 Maintenance Manhole, Catch Basin, Ditch Inlet and Valve Chamber Installation

NOV 04 APR 05 408 Adjusting or Rebuilding Manholes, Catch Basins, Ditch Inlets and Valve Chambers

NOV 04 APR 05 510 Removal

NOV 05 JAN 06 514 Trenching, Backfilling, and Compacting

AUG 90 FEB 02 570 Top Soil

NOV 01 FEB 02 571 Sodding

"See also the Instructions to Tenderers and Schedule of Unit Prices for additional Specifications that may not be included here."

Contract ENG14- 31 _ Page 83 of 86

Contract ENG14-31 Asphalt Treatment and Overlay

Various Northerly Locations

Standard Drawings Listing

The table below shows the Standard Drawings Listing.

GSSD OPSD # # Rev. Title 206.010

Standard Road Section - Rural

310.010

3

Concrete Sidewalk

310.030

1

Curb Depressions for Sidewalks at Intersections

351.010

1

Driveway Entrance Sidewalk Depression

600.010

1

Concrete Barrier Curb with Wide Gutter

600.030

2

Concrete Mountable Curb with Standard Gutter

A2023-1 Typical Section – Curb and Gutter Replacement

"See also the Schedule of Unit Prices and Contract Plans for additional Standard Drawings that may not be included here."

Contract ENG14- 31 _ Page 84 of 86

Division 6

Contract ENG14- 31 _ Page 85 of 86

Division #6

City of Greater Sudbury General Conditions

The City of Greater Sudbury has not adopted the Ontario Provincial Standards General Conditions.

The City of Greater Sudbury General Conditions are in effect and will be bound with the contract documents to be executed between the City of Greater Sudbury and the successful Tenderer.

A copy of the City of Greater Sudbury General Conditions can be viewed at and/or obtained from the City’s Engineering Services Division.

Contract ENG14- 31 _ Page 86 of 86